1-1 By: Greenberg (Senate Sponsor - Zaffirini) H.B. No. 1559
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the establishment of tree planting and other urban
1-22 forestry practices to protect and maintain the state's urban forest
1-23 resources.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Chapter 88, Education Code, is amended by adding
1-26 Subchapter G to read as follows:
1-27 SUBCHAPTER G. URBAN AND COMMUNITY FORESTRY
1-28 Sec. 88.551. SHORT TITLE. This subchapter may be cited as
1-29 the Texas-Grown Urban and Community Forest Act.
1-30 Sec. 88.552. PURPOSE. The purpose of this subchapter is to:
1-31 (1) improve understanding of the benefits of
1-32 preserving existing tree cover in urban areas and communities;
1-33 (2) encourage owners of private residences and
1-34 commercial properties to maintain trees and to expand forest cover
1-35 on their properties;
1-36 (3) provide educational programs and technical
1-37 assistance to local governments and organizations to maintain and
1-38 protect existing forests and to identify sites for expanding forest
1-39 cover;
1-40 (4) provide assistance through competitive matching
1-41 grants to local units of government, to approved charitable
1-42 organizations that meet the requirements of Section 501(c)(3) of
1-43 the Internal Revenue Code of 1986, and to other local community
1-44 tree volunteer groups for urban and community forestry projects;
1-45 (5) coordinate the activities of various state
1-46 agencies to maximize the state resources available to establish and
1-47 protect as much tree cover on public lands as practical;
1-48 (6) establish a tree planting program to reduce carbon
1-49 dioxide emissions, conserve energy, and improve air and water
1-50 quality in addition to providing other environmental benefits;
1-51 (7) mitigate the loss of trees caused by the clearing
1-52 of land or urbanization;
1-53 (8) promote local tree production in Texas; and
1-54 (9) decrease energy consumption by providing shade,
1-55 blocking winds, and adding moisture to the air.
1-56 Sec. 88.553. DEFINITIONS. In this subchapter:
1-57 (1) "Director" has the meaning assigned by Section
1-58 88.101 of this code.
1-59 (2) "Forest service" means the Texas Forest Service.
1-60 Sec. 88.554. GENERAL AUTHORITY OF DIRECTOR. (a) The
1-61 director may provide financial, technical, and related assistance
1-62 to a unit of local government and to other persons to encourage
1-63 cooperative efforts to plan urban forestry programs to plant,
1-64 protect, and maintain trees in open spaces, parks, roadside
1-65 corridors, and other suitable public and private lands.
1-66 (b) The director may cooperate with members of the public,
1-67 including private nonprofit organizations and units of local
1-68 government, in providing assistance under Subsection (a) of this
2-1 section.
2-2 Sec. 88.555. EDUCATION AND TECHNICAL ASSISTANCE PROGRAM.
2-3 The director, in cooperation with other state officials, local
2-4 governments, and interested members of the public, shall implement
2-5 a program of education and technical assistance for urban and
2-6 community forest resources. The director shall design the program
2-7 to:
2-8 (1) assist urban areas and communities in inventorying
2-9 their forest resources, identifying planting opportunities and tree
2-10 maintenance or management needs, and preparing resource development
2-11 and management plans for trees and related resources; and
2-12 (2) increase public understanding of the energy
2-13 conservation, economic, social, environmental, and psychological
2-14 value of trees and open space in urban and community environments.
2-15 Sec. 88.556. COST-SHARE PROGRAM. (a) The director shall
2-16 establish an urban and community forestry challenge cost-share
2-17 program. The program shall provide money and other support to
2-18 eligible communities and organizations on a competitive basis for
2-19 urban and community projects. The director shall make awards under
2-20 the program at a frequency and in accordance with criteria
2-21 determined by the director. In developing the criteria, the
2-22 director may consider recommendations of the National Urban and
2-23 Community Forestry Advisory Council, the Texas Urban Forestry
2-24 Advisory Council, and appropriate nonprofit organizations organized
2-25 to promote urban forestry.
2-26 (b) The share of support provided under this section from
2-27 the urban and community forestry fund may not exceed 50 percent of
2-28 the cost for a project and shall be provided on a matching basis.
2-29 The match for the share from the fund may be in the form of cash,
2-30 services, or in-kind contributions.
2-31 (c) The forest service may adopt rules necessary or
2-32 appropriate to administer and achieve the purpose of this
2-33 subchapter.
2-34 Sec. 88.557. URBAN AND COMMUNITY FORESTRY FUND. (a) A
2-35 special revolving fund is established as a dedicated account within
2-36 the general revenue fund. The fund may be used only to purchase
2-37 plants from firms with a valid Nurser/Floral Inspection Certificate
2-38 from the Texas Department of Agriculture, to administer this
2-39 subchapter, and to provide funding for the programs established by
2-40 this subchapter.
2-41 (b) The fund consists of:
2-42 (1) federal and state grants;
2-43 (2) money from nursery owner, dealer, and agent
2-44 registration fees paid to the Department of Agriculture;
2-45 (3) private contributions; and
2-46 (4) depository interest and investment income earned
2-47 on amounts in the fund.
2-48 (c) The state treasurer is the custodian of the fund. The
2-49 comptroller shall issue warrants for the fund supported only by
2-50 vouchers signed by the director.
2-51 Sec. 88.558. TEXAS URBAN AND COMMUNITY FORESTRY ACTION PLAN.
2-52 (a) The director shall prepare a Texas urban and community
2-53 forestry action plan. The director, in preparing the plan, may
2-54 consult with the National Urban and Community Forestry Advisory
2-55 Council established under 16 U.S.C. Section 2105(g), the Texas
2-56 Urban Forestry Advisory Council, and the members of the Texas Green
2-57 Industry Council. The plan must include:
2-58 (1) an assessment of the status of urban forest
2-59 resources in the state;
2-60 (2) a review of urban and community forestry programs
2-61 in the state, including education and technical assistance
2-62 activities conducted by the forest service, other state agencies,
2-63 local governments, private nonprofit organizations, and other
2-64 interested persons;
2-65 (3) recommendations for improving the status of the
2-66 state's urban and community forest resources, including education,
2-67 technical assistance, and modifications regarding existing programs
2-68 of relevant state agencies;
2-69 (4) an evaluation of projects under the cost-share
2-70 program; and
3-1 (5) an estimate of the resources needed to implement
3-2 the plan for the 10 fiscal years following the adoption of the
3-3 plan.
3-4 (b) The director shall revise the plan every 10 years.
3-5 (c) On completion of the plan, the director shall submit the
3-6 plan to the governor, the house of representatives committees on
3-7 agriculture and wildlife and on natural resources, and the senate
3-8 committee on natural resources. Not later than December 31 of the
3-9 second year after the year in which the plan is submitted and on
3-10 December 31 of each subsequent second year, the director shall
3-11 submit to the governor a review of the plan.
3-12 SECTION 2. Subchapter B, Chapter 71, Agriculture Code, is
3-13 amended by adding Section 71.061 to read as follows:
3-14 Sec. 71.061. DEDICATION OF PORTION OF FEES. Not later than
3-15 the 10th day of each month, the department shall send to the state
3-16 treasurer an amount equal to $15 for each nursery owner, dealer, or
3-17 agent registration or renewal fee received in the previous month.
3-18 The state treasurer shall deposit the money to the credit of the
3-19 urban and community forest fund established under Section 88.557,
3-20 Education Code.
3-21 SECTION 3. (a) The Department of Agriculture shall increase
3-22 by $15 the registration fee charged for the registration or the
3-23 renewal of registration of a nursery owner, dealer, or agent under
3-24 Section 71.043 or 71.057, Agriculture Code. The increase in the
3-25 registration or renewal fee applies to a nursery owner, dealer, or
3-26 agent of any class but does not apply to a florist unless the
3-27 florist is also a nursery owner, or a nursery dealer or agent as
3-28 those terms are defined by Section 71.057, Agriculture Code.
3-29 (b) The increase in fees and the Department of Agriculture's
3-30 duty to send money to the state treasurer provided by this section
3-31 apply only to an application for registration or renewal of
3-32 registration filed with the Department of Agriculture on or after
3-33 the effective date of the rules increasing the fees. That date may
3-34 not be later than December 1, 1993, and must be published by the
3-35 Department of Agriculture in the Texas Register.
3-36 SECTION 4. The director of the Texas Forest Service shall
3-37 prepare the initial plan required under Section 88.558, Education
3-38 Code, as added by this Act, not later than September 1, 1994.
3-39 SECTION 5. This Act takes effect September 1, 1993.
3-40 SECTION 6. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *
3-46 Austin,
3-47 Texas
3-48 May 21, 1993
3-49 Hon. Bob Bullock
3-50 President of the Senate
3-51 Sir:
3-52 We, your Committee on Natural Resources to which was referred H.B.
3-53 No. 1559, have had the same under consideration, and I am
3-54 instructed to report it back to the Senate with the recommendation
3-55 that it do pass and be printed.
3-56 Sims,
3-57 Chairman
3-58 * * * * *
3-59 WITNESSES
3-60 FOR AGAINST ON
3-61 ___________________________________________________________________
3-62 Name: Barbara Cilley x
3-63 Representing: Trees for Austin
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 Name: Edwin Barron x
3-67 Representing: Tx Forest Service
3-68 City:
3-69 -------------------------------------------------------------------
3-70 Name: Fred Aycock x
4-1 Representing: Tx Urban Forestry Council
4-2 City: Abilene
4-3 -------------------------------------------------------------------
4-4 Name: Mikd Gordon x
4-5 Representing: Tx Urban Forestry Council
4-6 City: Corpus Christi
4-7 -------------------------------------------------------------------
4-8 Name: Thomas Mikulastik x
4-9 Representing: Tx Assoc. of Landscape Contra
4-10 City: Buda
4-11 -------------------------------------------------------------------
4-12 Name: Eddy Edmondson x
4-13 Representing: Tx Assoc. of Nurserymen
4-14 City: Austin
4-15 -------------------------------------------------------------------
4-16 Name: Alvin Ashorn x
4-17 Representing: Tx Dept of Agriculture
4-18 City: Austin
4-19 -------------------------------------------------------------------